1

Senator Fasano moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Between  line(s) 3381 and 3382,

5

insert:

6

     Section 70. Sections 71 through 74 of this act may be cited

7

as the "Florida Motor Fuel Tax Relief Act of 2008."

8

     Section 71. Beginning at 12:01 a.m. July 1, 2008, and

9

ending at midnight July 14, 2008, the tax levied under s.

10

206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per

11

gallon. During this period, licensed terminal suppliers,

12

wholesalers, and importers of motor fuel shall charge and collect

13

the reduced rate of tax on sales of motor fuel to retail dealers

14

located in this state.

15

     Section 72. It is the intent of the Legislature that the

16

tax reduction set forth in this act be passed on to the ultimate

17

consumer. The Attorney General may investigate violations of this

18

act.

19

     Section 73. Refunds authorized under s. 206.41(4), Florida

20

Statutes, for fuel purchased during the period described in

21

section 71 shall be reduced by the amount of the tax reduction

22

set forth in that section.

23

     Section 74. The executive director of the Department of

24

Revenue is authorized to adopt emergency rules under ss.

25

120.536(1) and 120.54(4), Florida Statutes, to implement this

26

act. Notwithstanding any other law, the emergency rules shall

27

remain effective for 6 months after the date of adoption of the

28

rules.

29

     Section 75. A terminal supplier, wholesaler, importer,

30

reseller, or retail dealer of motor fuel may not retain any part

31

of the tax reduction set forth in this act or interfere with the

32

provision of the full benefit of the tax reduction to the retail

33

purchaser of motor fuel. A person who violates sections 71

34

through 74 of this act commits a felony of the third degree,

35

punishable as provided in s. 775.082 or s. 775.083, Florida

36

Statutes.

37

     Section 76.  Paragraph (a) of subsection (1) of section

38

16.56, Florida Statutes, is amended to read:

39

     16.56  Office of Statewide Prosecution.--

40

     (1)  There is created in the Department of Legal Affairs an

41

Office of Statewide Prosecution. The office shall be a separate

42

"budget entity" as that term is defined in chapter 216. The

43

office may:

44

     (a)  Investigate and prosecute the offenses of:

45

     1.  Bribery, burglary, criminal usury, extortion, gambling,

46

kidnapping, larceny, murder, prostitution, perjury, robbery,

47

carjacking, and home-invasion robbery;

48

     2.  Any crime involving narcotic or other dangerous drugs;

49

     3.  Any violation of the provisions of the Florida RICO

50

(Racketeer Influenced and Corrupt Organization) Act, including

51

any offense listed in the definition of racketeering activity in

52

s. 895.02(1)(a), providing such listed offense is investigated in

53

connection with a violation of s. 895.03 and is charged in a

54

separate count of an information or indictment containing a count

55

charging a violation of s. 895.03, the prosecution of which

56

listed offense may continue independently if the prosecution of

57

the violation of s. 895.03 is terminated for any reason;

58

     4.  Any violation of the provisions of the Florida Anti-

59

Fencing Act;

60

     5.  Any violation of the provisions of the Florida Antitrust

61

Act of 1980, as amended;

62

     6.  Any crime involving, or resulting in, fraud or deceit

63

upon any person;

64

     7.  Any violation of s. 847.0135, relating to computer

65

pornography and child exploitation prevention, or any offense

66

related to a violation of s. 847.0135 or any violation of chapter

67

827 where the crime is facilitated by or connected to the use of

68

the Internet or any device capable of electronic data storage or

69

transmission;

70

     8.  Any violation of the provisions of chapter 815;

71

     9.  Any criminal violation of part I of chapter 499;

72

     10.  Any violation of the provisions of the Florida Motor

73

Fuel Tax Relief Act of 2004 or the Florida Motor Fuel Tax Relief

74

Act of 2008;

75

     11.  Any criminal violation of s. 409.920 or s. 409.9201; or

76

     12.  Any crime involving voter registration, voting, or

77

candidate or issue petition activities;

78

79

or any attempt, solicitation, or conspiracy to commit any of the

80

crimes specifically enumerated above. The office shall have such

81

power only when any such offense is occurring, or has occurred,

82

in two or more judicial circuits as part of a related

83

transaction, or when any such offense is connected with an

84

organized criminal conspiracy affecting two or more judicial

85

circuits.

86

     Section 77.  Subsection (1) of section 206.026, Florida

87

Statutes, is amended to read:

88

     206.026  Certain persons prohibited from holding a terminal

89

supplier, importer, exporter, blender, carrier, terminal

90

operator, or wholesaler license; suspension and revocation.--

91

     (1)  No corporation, except a publicly held corporation

92

regularly traded on a national securities exchange and not over

93

the counter, general or limited partnership, sole proprietorship,

94

business trust, joint venture or unincorporated association, or

95

other business entity shall hold a terminal supplier, importer,

96

exporter, blender, carrier, terminal operator, or wholesaler

97

license in this state if any one of the persons or entities

98

specified in paragraph (a) has been determined by the department

99

not to be of good moral character or has been convicted of any

100

offense specified in paragraph (b):

101

     (a)1.  The licenseholder.

102

     2.  The sole proprietor of the licenseholder.

103

     3.  A corporate officer or director of the licenseholder.

104

     4.  A general or limited partner of the licenseholder.

105

     5.  A trustee of the licenseholder.

106

     6.  A member of an unincorporated association licenseholder.

107

     7.  A joint venturer of the licenseholder.

108

     8.  The owner of any equity interest in the licenseholder,

109

whether as a common shareholder, general or limited partner,

110

voting trustee, or trust beneficiary.

111

     9.  An owner of any interest in the license or

112

licenseholder, including any immediate family member of the

113

owner, or holder of any debt, mortgage, contract, or concession

114

from the licenseholder, who by virtue thereof is able to control

115

the business of the licenseholder.

116

     (b)1.  A felony in this state.

117

     2.  Any felony in any other state which would be a felony if

118

committed in this state under the laws of Florida.

119

     3.  Any felony under the laws of the United States.

120

     4.  A felony under the Florida Motor Fuel Tax Relief Act of

121

2004 or a felony under the Florida Motor Fuel Tax Relief Act of

122

2008.

123

     Section 78.  Subsection (3) of section 206.404, Florida

124

Statutes, is amended to read:

125

     206.404  License requirements for retail dealers and

126

resellers; penalty.--

127

     (3)  Any retail dealer or reseller in violation of the

128

provisions of this chapter, or the provisions of the Florida

129

Motor Fuel Tax Relief Act of 2004, or the Florida Motor Fuel Tax

130

Relief Act of 2008 shall be subject to revocation of his or her

131

license under chapter 212.

132

     Section 79. To achieve the intent of the Legislature set

133

forth in section 72 of this act, a retail dealer of motor fuel,

134

at the dealer's option, may manage its motor fuel inventory in

135

such a way that the benefit to residents of this state of the tax

136

reduction is maximized during the affected time period. A retail

137

dealer of motor fuel may sell motor fuel purchased without the

138

tax reduction at an amount determined as if the tax reduction

139

applied and may sell motor fuel purchased with the tax reduction

140

at an amount determined as if the tax reduction did not apply if

141

the retail dealer can show that the number of gallons purchased

142

with the reduced tax equals the number of gallons sold at a price

143

reflecting the reduced tax.

144

     Section 80. The sum of $90,000 is appropriated from the

145

General Revenue Fund to the Department of Revenue for the purpose

146

of developing and implementing a public awareness campaign for

147

and administering sections 71 through 74 of this act.

148

     Section 81. Effective July 1, 2008, the sum of $50 million

149

is appropriated from the General Revenue Fund to the State

150

Transportation Trust Fund.

151

152

================ T I T L E  A M E N D M E N T ================

153

And the title is amended as follows:

154

     On line(s) 301, after the semicolon,

155

insert:

156

providing a short title; providing for a reduction in the

157

motor fuel tax for 2 weeks; providing dealer requirements;

158

providing legislative intent; providing for a reduction in

159

certain refunds for the same period; authorizing the

160

executive director of the Department of Revenue to adopt

161

emergency rules for certain purposes; making unlawful

162

certain activities of certain entities relating to the tax

163

reduction; providing criminal penalties; amending s.

164

16.56, F.S.; including offenses specified in this act

165

under the investigation and prosecution authority of the

166

Office of Statewide Prosecution; amending s. 206.026,

167

F.S.; including offenses specified in this act under

168

provisions prohibiting certain persons from holding

169

certain licenses for certain violations; amending s.

170

206.404, F.S.; providing for revocation of certain

171

licenses for violations of this act; authorizing motor

172

fuel dealers to manage motor fuel inventory to maximize

173

tax-reduction benefits; providing criteria; providing an

174

appropriation

4/29/2008  10:13:00 AM     11-08970-08